FRANCHISES FOR FIBER OPTIC COMMUNICATIONS SERVICES

Metropolitan Code of Nashville and Davidson County tit. 6, div. I, ch. 6.26

in effect

Metropolitan Code of Nashville and Davidson County § 6.26.010 Declaration of need.

6.26.010 - Declaration of need. That the metropolitan council finds and declares that, within Metropolitan Nashville and Davidson County, the public necessity requires the development of competing telephone service in the form of fiber optic communications capability, and that numerous private companies are currently able and willing to provide such service. (Ord. 94-1103 § 1, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.020 Definitions.

6.26.020 - Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: "Anniversary date" means the date on which a franchise agreement is fully executed. "Compensation year" means each calendar year during the term of a franchise agreement in which compensation is paid to the metropolitan government. "Council" or "metropolitan council" means the council of the Metropolitan Government of Nashville and Davidson County. "Day" or "days" means a calendar day or days. "Director of finance" means the position of director of finance created by Section 8.102 of the Metropolitan Charter or a successor position, or an acting director of finance, or the designee of the director of finance. "Director of information systems" means the position of information systems director created under Section 2.24.115 of the Metropolitan Code or a successor position, or an acting information systems director, or the designee of the information systems director. "Director of public works" means the position of director of public works created by Sections 8.404 and 8.405 of the Metropolitan Charter or a successor position, or an acting director of public works or the designee of the director of public works. "FCC" means the Federal Communications Commission, or any successor agency. "Fiber optic communications" or "fiber optic services" means telecommunication systems as defined in "system" or "telecommunication system" found in this section. "Franchise" means the nonexclusive authorization granted as provided in this chapter to occupy or use the streets and/or public rights-of-way within Metropolitan Nashville and Davidson County for the construction, operation and maintenance of a fiber optic telecommunications system within all or a portion of Metropolitan Nashville and Davidson County. "Franchise agreement" means a fully executed and notarized contractual agreement by and between the metropolitan government and grantee, wherein grantee accepts the provisions stated in this chapter. "Grantee" means any company providing access or local telecommunications service using facilities either constructed, owned or leased for the purpose of providing voice, data or video telecommunication service. "Gross revenue" means all receipts collected by the grantee for all communications and related operations and services within the corporate limits of the metropolitan government, as well as any other revenue arising from operation or possession of this franchise. By way of example, but without limitation, "gross revenue" includes installation charges, access charges paid to the grantee by other carriers, franchise fees and occupation taxes surcharged to customer, and the lease or resale of lines or circuit paths to third parties. "Gross revenue" does not include revenue uncollectible from customers. "Metropolitan government" means the Metropolitan Government of Nashville and Davidson County. "PSC" means the Tennessee Public Service Commission or any successor agency. "Public right-of-way" means real property subsurface and air rights acquired by the metropolitan government by any lawful means and includes the surface and that area below the surface which is necessary to support the public street, alley, path, bridge, tunnel, sidewalk, planting strip, median, waterway, dock, wharf, pier, public ground or other public right-of-way. Public right-of-way also includes the surface of any public street, alley, path, bridge, tunnel, sidewalk, planting strip, median, waterway, dock, wharf, pier, public ground or other public right-of-way acquired by the metropolitan government. No reference herein or in any franchise for use of any public right-of-way shall be deemed to be a representation or guarantee by the metropolitan government that its title to any public right-of-way or any improvement or object located therein is sufficient to permit or authorize its use by the grantee. "System" or "telecommunications system" means grantee's network of cables, wires, lines, towers, wave guides, optic fiber, microwave, and any associated converters, equipment, or facilities designed and constructed for the purpose of producing, receiving, amplifying or distributing audio, video or other forms of electronic signals to or from subscribers or locations within Metropolitan Nashville and Davidson County, but not including the offering to the public cable television services as defined under the Cable Communications Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and/or any franchise granted by the metropolitan government pursuant to said Act. "Urban forester" means the position of urban forester created by ordinance of the metropolitan council, or any successor, or an acting urban forester or the designee of the urban forester. (Amdt. 1(1), (2), (3) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 2, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.030 Grant of franchise.

6.26.030 - Grant of franchise. A. The metropolitan government warrants that it has the right to issue a nonexclusive, revocable franchise to a grantee to have, acquire, construct, expand, reconstruct, maintain, use and operate in, along, across, on, over, through, above and under the public streets, alleys and rights-of-way of the city, a fiber optics telecommunications system (the "system"). Any grantee of such franchise agrees that it shall not now or at any time after a franchise is granted challenge this right in any way or in any metropolitan, state or federal court; provided, that in the event the federal or state government acquires or assumes exclusive jurisdiction over the issuance or regulation of fiber optic telecommunications franchises, grantee agrees that a franchise issued pursuant to the provisions herein shall remain in full force and effect as a binding contract between the grantee and the metropolitan government to the extent permitted by law. B. Application for franchise. 1. Any franchise application shall be made to the council through the metropolitan clerk and introduced in the council in the manner provided by the rules of the council. 2. Each such application shall be kept on file with the metropolitan clerk. Any intentional misrepresentation in such application shall be grounds for the rejection of the franchise. The application shall be a part of any franchise grant or agreement under this chapter. 3. Each application shall include a map and description of the proposed service area for the grantee. 4. The mandatory referral to the metropolitan planning commission required by Section 11.505 of the Metropolitan Charter shall apply to each franchise application. 5. No ordinance granting a franchise shall be passed by the council without first receiving from the applicant a detailed report, certified under oath, establishing that the applicant possesses the necessary legal, character, financial, technical and other qualifications to construct and achieve full activation of its system, and to perform its obligations and faithfully adhere to all requirements of the franchise ordinance codified in this chapter, and that its construction arrangements are adequate and feasible. A member of council shall have the authority to file a resolution calling for a full public proceeding, affording due process, to review and approve the grantee's legal, character, financial, technical and other qualifications, and the adequacy and feasibility of its construction arrangements. If the majority votes in favor of the resolution, the full public proceeding it calls for shall be conducted either by the full council or a committee composed of members of the council only. If any material representation of the certified report is determined to be false, this shall be grounds for revocation of a franchise granted under this chapter, in addition to the grounds itemized in Section 6.26.310 of the Metropolitan Code. No franchise shall be revoked, for this or any other reason, without a full public proceeding, affording due process, to be conducted either by the full council or a committee composed of members of the council only. Prior to such a revocation proceeding, the processes described in Section 6.26.300 of the Metropolitan Code shall be followed. C. Franchise—Grant Conditions, Terms. 1. All franchises, and all renewals, extensions and amendments thereof shall be granted only by ordinance. No such ordinance shall be adopted before the application therefor has been filed with the council through the metropolitan clerk. 2. Grantee shall not provide cable services or operate a cable system as defined in the Cable Television Consumer Protection and Competition Act of 1992 (47 U.S.C.A. § 521, et seq., as amended) or as recognized by the Federal Communications Commission (the FCC) without first obtaining a separate cable franchise from the metropolitan government and shall not allow the use of the system by a cable system that has not been granted a franchise to operate a cable communications system by the metropolitan government. Nor shall any provider of cable services or grantee of a cable television franchise operate or provide a telecommunications service or facilities except pursuant to the ordinance codified in this chapter. 3. Grantee shall not provide services directly regulated by the Tennessee Public Services Commission (the PSC) under the laws of Tennessee unless duly authorized by the PSC. 4. Franchises granted pursuant to this chapter do not require grantee to provide ubiquitous service throughout Davidson County as a public service provided. 5. Franchises shall be evidenced by a contract adopted by the metropolitan council, which contract shall be submitted to the mayor in the manner provided for in the Charter of the Metropolitan Government presently in effect or hereafter adopted. (Ord. BL2016-310 § 1, 2016; Amdt. 1(4), (5), (6) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 3, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.040 Construction.

6.26.040 - Construction. A. Licenses and permits. The grantee shall have the sole responsibility for diligently obtaining, at its own cost and expense, all permits, licenses, or other forms of approval or authorization necessary to construct, operate, maintain or repair the system, and to construct, maintain and repair any part thereof prior to commencement of any such activity. Issuance of a permit by any agency of the metropolitan government as to the construction and installation of any portion of grantee's system does not waive other applicable requirements of federal or Tennessee law, and grantee shall comply with such other requirements. B. Subject to Police Power. The construction, expansion, reconstruction, excavation, use, maintenance and operation of the system shall be subject to all lawful police regulations of the metropolitan government and performed in accordance with all laws and regulations of the metropolitan government for utility location and excavation in public rights-of-way presently in effect or hereafter adopted. In addition to the duty under any other law or regulation of the metropolitan government, not less than seven days prior to filing of a request for a construction permit, grantee shall provide to the director of public works a copy of all the construction work plans and drawings for the system, or any segment or expansion thereof. Grantee shall not proceed with construction until the plans and drawings have been approved in writing by the above-listed metropolitan government official. (Ord. 94-1103 § 4, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.050 As built drawings.

6.26.050 - As built drawings. Grantee shall submit to the director of public works "as built" drawings of the portions of grantee's system located along the public right-of-way of a size and material satisfactory to the director of public works within one hundred twenty days after completion of construction of such portions. Grantee shall update such drawings within sixty days whenever material changes are made to grantee's system which impact the public right-of-way. Said drawings, set forth by utility quarter sections, shall at a minimum include cable routings and the location of amplifiers, power supplies and system monitor test points. (Amdt. 1(7) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 5, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.060 Construction standards.

6.26.060 - Construction standards. A. All work done in connection with the construction, expansion, reconstruction, maintenance or repair of the system shall be subject to and governed by all laws, rules, and regulations of the metropolitan government in accordance with the provisions of Chapter 13.20 of the Metropolitan Code, except that the provisions of Section 13.20.050 shall not be applicable. Grantee shall excavate only for the construction, installation, expansion, repair, removal, and maintenance of all or a portion of its system. All installations shall be underground in those areas of the metropolitan government where public utilities providing telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are above ground at the time of installation, grantee may install its service above ground; provided, that at such time as those facilities are required to be placed underground by the metropolitan government, or are placed underground, grantee shall likewise place its services underground without additional cost to the metropolitan government. B. Electrical standards. Grantee shall at all times comply fully with provisions of the electrical code of the metropolitan government and with Chapter 6.20 of the Metropolitan Code of Laws. C. Interference With Persons, Improvements, Public and Private Property and Utilities. Grantee's system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall: 1. Not endanger or interfere with the health, safety or lives of persons; 2. Not interfere with any improvements the metropolitan government or state may deem proper to make; 3. Not interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the minimum extent possible during actual construction or repair; 4. Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair; nor 5. Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities within the metropolitan government. D. Protect Structures. In connection with the construction, operation, maintenance, repair or removal of the system, the grantee shall, at its own cost and expense, protect any and all existing structures and improvements, including landscaping and trees belonging to the metropolitan government, and all designated historical landmarks, as well as all other structures within any designated historical district. The grantee shall obtain the prior approval of the metropolitan government before altering or crossing any water main, sewerage or drainage system, or any other municipal, state or federally owned structure in the streets required because of the presence of the system in the streets. Any such alteration shall be made by the grantee at its sole cost and expense, and in a manner prescribed by the metropolitan government. The grantee shall be liable, at its own cost and expense, to replace or repair and restore to serviceable condition in a manner as may be specified by the metropolitan government, any street or any municipal, state or federally owned structure involved in the construction of the system that may become disturbed or damaged as a result of any work thereon by or on behalf of the grantee pursuant to its franchise. E. Erection, Removal and Use of Poles. No poles shall be erected by grantee without prior approval of the metropolitan government with regard to location, height, types and any other pertinent aspect. Such pole or structures shall be removed or modified by grantee at its own expense whenever the metropolitan government determines that the public convenience would be enhanced thereby. Approval under this section shall require the written approval of the department of public works. F. Upon request of the metropolitan government or other authority of competent jurisdiction, grantee shall remove and abate any portion of the system or any facility that is dangerous to life or property, and in case grantee, after notice, fails or refuses to act, the metropolitan government may remove or abate the same, at the sole cost and expense of grantee, all without compensation or liability for damages to grantee. (Ord. BL2016-236 § 1, 2016; Amdt. 1(8), (9) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 6, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.070 Suspension or revocation of construction permit.

6.26.070 - Suspension or revocation of construction permit. The director of public works may suspend or revoke any permit issued by the department of public works or take any action he deems necessary, including the stopping of work, should grantee violate the terms of said permit, until said violation has been corrected to said director's satisfaction. (Ord. 94-1103 § 7, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.080 Adjustment of utility facilities.

6.26.080 - Adjustment of utility facilities. In the event that the location of grantee's system will require an adjustment of the installation of existing public or private utility facilities, grantee must obtain written consent of the owner of such utility, including, where applicable, all relevant metropolitan government departments to such adjustment and make such arrangements for the payment or reimbursement of the cost of such adjustment as are satisfactory to the owner of such utility, including, where applicable, all relevant metropolitan government departments. No permit for construction will be issued until the director of the department of public works is satisfied that the requirements of this section have been satisfied. In no case shall grantee be entitled to perform such adjustment or disturb such utility facilities without the written consent of the owner of such utility. (Amdt. 1(10) to Ord. 94-1103, 7/19/94; Ord. 94/1103 § 8, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.090 Adjoining property owners.

6.26.090 - Adjoining property owners. All of grantee's system shall be so installed and located so as to cause minimum interference with the rights and appearance and reasonable convenience of adjoining property owners and at all times shall be kept and maintained in a safe, adequate and substantial condition, and in good order and repair. Grantee shall at all times employ reasonable care, and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. (Ord. 94-1103 § 9, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.100 Emergency or disaster.

6.26.100 - Emergency or disaster. In case of emergency or disaster, grantee shall, upon request of the metropolitan government, make available its facilities to the metropolitan government, without cost, for emergency use. (Ord. 94-1103 § 10, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.110 Moving wires.

6.26.110 - Moving wires. If determined to be necessary to promote the public health, welfare and safety, in case of fire, disaster or other emergency, the metropolitan government may, in its reasonable discretion, take such action with respect to grantee's system in the streets or in metropolitan government buildings as it deems necessary to promote the public health, welfare and safety, in which event the metropolitan government shall not be liable therefor to the grantee. (Amdt. 1(11) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 11, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.120 Temporary removal of facilities for demolition of buildings.

6.26.120 - Temporary removal of facilities for demolition of buildings. Upon the request of a person holding a permit issued by the metropolitan government for the moving or demolition of a building, and at least ten days' notice, grantee shall temporarily raise, lower or remove its facilities to permit the removal or demolition of such building. The expense of such temporary removal, raising or lowering of facilities shall be paid by the person requesting the same and grantee shall have the authority to require such payment in advance; provided, however, that no payment (direct or indirect) shall be required of the metropolitan government. (Ord. 94-1103 § 12, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.130 Joint use.

6.26.130 - Joint use. Every public utility and every grantee may be required by the metropolitan government to permit joint use of its property and appurtenances located in the streets, alleys, and public places of the metropolitan government by other public utilities and grantees, in so far as such joint use may be reasonably practicable, and in accordance with the provisions of the National Electrical Safety Code upon payment of reasonable rental therefor; provided, that in the absence of agreement, upon application by any public utility or grantee, the council shall provide for arbitration of the terms and conditions of such joint use and the compensation to be paid therefor, which award shall be final. Grantee may require any such person or entity to furnish evidence of adequate insurance covering grantee and adequate bonds covering the performance of the person or entity attaching to grantee's facilities as a condition precedent to granting permission to any such person or entity to attach wires or equipment to grantee's facilities; provided, that grantee's requirements for such insurance shall be reasonable. (Amdt. 1(12) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 13, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.140 Removal of city property.

6.26.140 - Removal of city property. No property of the metropolitan government is to be removed from the right-of-way, including signage on utility poles, without prior approval from the metropolitan government. (Ord. 94-1103 § 14, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.150 Reservation of rights.

6.26.150 - Reservation of rights. The metropolitan government reserves the right to exercise its police and/or proprietary powers to modify, vacate or transfer any right-of-way in use by grantee for a public purpose. At grantee's own risk, the metropolitan government has the predominant right to use its right-of-way in the placement, maintenance and repair of sewers, water mains and other public utilities or to relocate or remove grantee's system where the metropolitan government determines that the public convenience and/or necessity would be enhanced or for any other public purpose, including, but not limited to the use of any right-of-way used by grantee for public transportation purposes or where the director of public works determines there is an emergency. The permits referred to in Section 6.26.040 may be amended or revoked in whole or in part by the issuing department whenever such action is necessary or advisable for a public purpose. Grantee shall make no claims for costs or damages against the metropolitan government by reason of such removal or relocation. Upon thirty days' written notice to grantee of partial or complete revocation of such permit from the director of public works, grantee shall remove, modify, replace or relocate its facilities as required at its own expense. In the event grantee does not remove, modify, replace or relocate its facilities as required by said notice within thirty days as aforesaid, the director of public works may cause the same to be done at grantee's expense and all expenses incurred or damages paid by the metropolitan government on account of such action shall be paid by grantee on demand. Grantee shall remove, replace or modify, at its own expense, the installation of any of its facilities as may be deemed necessary by any other appropriate governmental authority to meet such authority's proper responsibilities. In the event the metropolitan government exercises its predominant right to use any right-of-way used by grantee for a public purpose, the metropolitan government shall reasonably cooperate with grantee in finding an alternate site for any telecommunications facilities removed and in avoiding disruption to grantee's telecommunications system to the extent not reasonably required by the metropolitan government. In an emergency, as determined by the director of public works, the metropolitan government may order grantee to remove or relocate its facilities within forty-eight hours. If the metropolitan government exercises any of its rights pursuant to this section, grantee shall have the option, upon notice to the director of information services, of abandoning the portion of its telecommunications system to be so removed or relocated and deleting such portion from the public right-of-way. (Amdt. 1(13) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 15, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.160 Protection of trees.

6.26.160 - Protection of trees. Trimming of trees and shrubbery within the public right-of-way to prevent contact with grantee's facilities shall be done only in accordance with the standards approved by the urban forester in accordance with the ordinances of the metropolitan government. Removal or pruning of any tree or shrub shall only be done upon issuance of a permit by the urban forester. When trees or shrubs in the public right-of-way are damaged as a result of work undertaken by or on behalf of grantee, grantee shall pay the metropolitan government within thirty days of submission of a statement by the metropolitan government, the cost of any treatment required to preserve the tree or shrub and/or cost for removal and replacement of the tree or shrub with landscaping of equal value and/or the value of the tree or shrub prior to the damage or removal, as determined by the urban forester or other authorized agent of the metropolitan government. (Ord. 94-1103 § 16, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.170 Abandonment of right-of-way.

6.26.170 - Abandonment of right-of-way. In the event that the metropolitan government shall close or abandon any public street, alley or right-of-way, which contains any portion of grantee's system, any conveyance of land contained in such closed or abandoned public street, alley, highway or right-of-way shall be subject to the rights herein granted. (Ord. 94-1103 § 17, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.180 Rights of abutting landowners.

6.26.180 - Rights of abutting landowners. In the event that the metropolitan government authorizes abutting landowners to occupy space under the surface of any public street, alley or right-of-way, such grant to an abutting landowner shall be subject to the rights herein granted to grantee. (Ord. 94-1103 § 18, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.190 Relocation of the system.

6.26.190 - Relocation of the system. A. New Grades or Lines. If the grades or lines of any street on which grantee's system is placed are changed at any time during the term of the franchise, then the grantee shall, at its own cost and expense and upon the request of the metropolitan government, protect or promptly alter or relocate the system, or any part thereof, so as to conform with such new grades or lines. In the event that the grantee refuses or neglects to so protect, alter, or relocate all or part of the system, the metropolitan government shall have the right to break through, remove, alter or relocate such part of the system, without any liability to the metropolitan government, and the grantee shall pay to the metropolitan government the costs incurred in connection with such breaking through, removal, alteration or relocation. B. Relocation of Right-of-Way. Wherever a public right-of-way or other public property is being constructed, paved (whether or not such paving is part of a more extensive improvement project), resurfaced, relocated or otherwise altered or improved (including, but not limited to, the installation of sidewalk, curb, gutter, drainage facilities, water mains, or sewer mains, traffic signals or trees), grantee shall, within ninety days of written notice from the director of public works, and at no cost (direct or indirect) to the metropolitan government, remove or relocate any grantee facility located within such public right-of-way or public property or perform such work as it deems necessary for the extension of new facilities. In the event the grantee fails to relocate its property in a manner approved by the metropolitan government within ninety days of the metropolitan government's written notice, absent an extension of time granted by the metropolitan government, the metropolitan government may seek revocation of the franchise agreement pursuant to Section 6.26.310 of this chapter. Failure to obtain the metropolitan government's approval of the location of facilities relocated under this section will be considered a forfeiture under Section 6.26.310 of this chapter. Grantee shall be responsible for any damage it causes to property, including damage to trees and other landscaping, as a result of the relocation or removal of facilities. C. Time Limit—Liquidated Damages. Failure of grantee to remove or relocate the facility to a location approved by the metropolitan government within ninety days of the metropolitan government's written notice shall entitle the metropolitan government to recover liquidated damages from grantee. The liquidated damages for failure to remove or relocate a facility shall be two hundred fifty dollars per diem. If grantee believes it will be unable to complete the relocation within ninety days from receipt of notice from the metropolitan government, grantee shall explain the reasons for its inability in detail and the metropolitan government and grantee shall attempt to agree on an alternate schedule, subject, however, to the metropolitan government's right to finally determine the schedule and liquidated damages, as long as its decision is not unreasonable. (Amdt. 1(14) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 19, 1993)

Metropolitan Code of Nashville and Davidson County § 6.26.200 Bonds.

6.26.200 - Bonds. A. Grantee shall obtain and maintain, at its sole cost and expense, and file with the metropolitan clerk, a corporate surety bond with a surety company authorized to do business in the State of Tennessee and found acceptable by the metropolitan attorney, in the amount of five hundred thousand dollars, both to guarantee the timely construction and full activation of grantee's system, and to secure grantee's performance of its obligations and faithful adherence to all requirements of the franchise ordinance codified in this chapter. After the first five years of the initial term, bond requirement amount shall be reduced to two hundred fifty thousand dollars. Grantee shall provide this corporate surety bond at the time of execution of a franchise agreement, as required by Section 6.26.330 of this chapter. B. The rights reserved to the metropolitan government with respect to the bond are in addition to all other rights of the metropolitan government, whether reserved by the franchise ordinance codified in this chapter or authorized by law; and no action, proceeding or exercise or a right with respect to such bond shall affect any other right the metropolitan government may have. C. The bond shall contain the following endorsement; it is hereby understood and agreed that this bond may not be canceled by the surety nor any intention not to renew by exercised by the surety until sixty days after receipt by the metropolitan government, by registered mail, of written notice of such intent. (Ord. 94-1103 § 20, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.210 Insurance requirements.

6.26.210 - Insurance requirements. On or before the effective date of the franchise, grantee shall file with the metropolitan government a certificate of insurance and thereafter maintain in full force and effect at all times for the full term of the franchise, at the expense of grantee, a comprehensive general liability insurance policy, including underground property damage coverage, naming the metropolitan government as additional insured, written by a company authorized to do business in the State of Tennessee, protecting the metropolitan government against liability for loss or bodily injury and property damage occasioned by the installation, removal, maintenance, or operation of the communications system by grantee in the following minimum amounts: A. One million dollars combined single limit, bodily injury and for real property damage in any one occurrence; B. One million dollars aggregate. Grantee shall also file with the metropolitan government a certificate of insurance for a comprehensive automobile liability insurance policy written by a company authorized to do business in the State of Tennessee, for all owned, nonowned, hired and leased vehicles operated by grantee, with limits no less than one million dollars each accident, single limit, bodily injury and property damage combined, or evidence of self-insurance. Grantee shall also maintain, and by its acceptance of any franchise granted hereunder, and specifically agrees that it will maintain throughout the term of the franchise, workers compensation and employers liability, valid in the state, in the minimum amount of the statutory limit for workers compensation, and five hundred thousand dollars for employers liability. All liability insurance required pursuant to this section shall be kept in full force and effect by grantee during the existence of the franchise and until after the removal of all poles, wires, cables, underground conduits, manholes and any other conductors and fixtures installed by grantee incident to the maintenance and operation of the communications system as defined in this chapter. All policies shall be endorsed to give the metropolitan government thirty days' written notice of the intent to amend or cancel by either grantee or the insuring company. (Ord. 94-1103 § 21, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.220 Indemnification.

6.26.220 - Indemnification. Grantee shall indemnify, defend and save whole and harmless the metropolitan government and all of its officers, agencies, and employees against and from any and all claims, suits, judgments, actions, losses, costs and expenses, including attorney's fees and costs or expenses incidental to the investigation and defense of claims and lawsuits brought for, on behalf of, or on account of any injuries or damages received or sustained by any person, firm or corporation or to any property, which may be occasioned by, or arising out of or from, the conduct of grantee in connection with the franchise ordinance codified in this chapter, the construction, reconstruction, expansion, removal, maintenance, operation, or repair of grantee's system, the conduct of grantee's business in Metropolitan Nashville and Davidson County pursuant to the franchise ordinance codified in this chapter, any occurrence in connection with the franchise ordinance codified in this chapter, any and all claims and lawsuits arising from any breach or default on the part of grantee in the performance of any term, condition, provision, covenant or agreement to be performed by grantee pursuant to the franchise ordinance codified in this chapter, any act or omission of grantee, or any of its agents, contractors, subcontractors, servants, employees or licensees, or any relationship between grantee and its end use customers and retailers whether caused by or attributable solely to grantee and others, or the metropolitan government, and grantee shall pay all judgments, with costs, counsel fees and expenses, which may be obtained against the metropolitan government related to any such claim. The metropolitan government agrees to give grantee prompt and reasonable notice of any claims or lawsuits; and grantee shall have the right to investigate, compromise and defend same to the extent of its own interest. The above indemnification shall not apply to any judgment of liability resulting from the gross negligence or wilful misconduct of the metropolitan government. The terms and provisions contained in this section are intended to be for the benefit of the metropolitan government and grantee, and are not intended to be for the benefit of any third party. The metropolitan government shall have the right to participate or conduct the defense of its interests in any proceeding, and thereby assume risks and liabilities for its own acts or omissions. (Ord. 94-1103 § 22, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.230 Services to the metropolitan government.

6.26.230 - Services to the metropolitan government. Grantee agrees to provide the metropolitan government with four dark fiber optic fibers within the backbone of grantee's system for use by the metropolitan government for municipal purposes only. Grantee also shall provide coordination and engineering assistance to the metropolitan government for providing such fiber optic accesses as the metropolitan government may require. In order to ensure coordination of metropolitan government facilities with grantee's network, grantee agrees to: A. Provide twenty-four hour per day continuous monitoring of grantee's system; B. Coordinate, design and install network specific requirements of the metropolitan government, including maintenance, at grantee's cost, plus ten percent. Grantee shall maintain with the metropolitan government a current listing of all buildings, both public and private, in which it provides services. No monthly fee shall be charged to the metropolitan government for this service. Grantee shall comply with applicable requirements of regulatory agencies, with jurisdiction over ratemaking issues, which promote universal service. (Amdt. 1(15) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 23, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.240 Compensation to the metropolitan government.

6.26.240 - Compensation to the metropolitan government. A. General Compensation. For the reason that the public streets, alleys and rights-of-way to be used by grantee in the operation of its system within the boundaries of the metropolitan government are valuable, public properties, acquired and maintained by the metropolitan government at great expense to its taxpayers, and that the grant to grantee of the use of said public streets, alleys and rights-of-way is a valuable property right, without which the grantee would be required to invest substantial capital in right-of-way costs and acquisitions, the grantee agrees to pay to the metropolitan government as general compensation during each year of the franchise ordinance codified in this chapter, an amount equal to five percent of gross revenues for each quarter of a compensation year. Grantee shall forward by check or money order an amount equal to the quarterly payment by the fifteenth day of the calendar month immediately following the close of the calendar quarter for which the payment is calculated. Any necessary prorations shall be made. B. Recalculation At End of Compensation Year. At the end of each compensation year, grantee shall recalculate the total general compensation actually due. If additional amounts are due the metropolitan government by grantee, said amounts shall be paid by the fifteenth day of the second month of the compensation year following the compensation year during which such amounts were originally due. If amounts are found to be due the grantee by the metropolitan government, said amounts shall be credited by the fifteenth day of the second month of the compensation year, during which such amount were originally due. Any necessary prorations shall be made. The compensation set forth in this section shall be exclusive of and in addition to all special assessments and taxes of whatever nature, including, but not limited to, ad valorem taxes. In the event any quarterly payment is made after noon on the date due, grantee shall pay a late payment penalty of the greater of: (1) one hundred dollars or (2) simple interest at ten percent annual percentage rate of the total amount past due. As used in this section, gross revenues shall mean all revenues (exclusive of sales tax) collected by grantee from operation of grantee's system installed pursuant to the franchise ordinance codified in this chapter, and any related services provided by the grantee within Metropolitan Nashville and Davidson County, including, but not limited to: 1. All telecommunications service revenues charged on a flat-rate basis; 2. All telecommunications services charged on a usage-sensitive or mileage basis; 3. All revenues from installation service charges; 4. All revenues from connection or disconnection fees; 5. All revenues from penalties or charges to customers for checks returned from banks, net of bank costs paid; 6. All revenues from local services; 7. All revenues from authorized rental of conduit space; 8. All revenues from charges for access to local and long distance networks; 9. All revenues from authorized rentals of any portion of grantee's system, including plant, facilities, or capacity leased to others; 10. All other revenues collected from grantee's business pursued with the metropolitan government, excluding revenues received pursuant to Section 6.26.230(B) and, excluding third party billing arrangements not related to grantee's business; 11. Recoveries of bad debts previously written off and revenues from the sale or assignment of bad debts. Unrecovered bad debts charged off after diligent, unsuccessful efforts to collect are excludable from gross revenues; and 12. All revenues received from any subcontractor and/or subsidiary operating telecommunications services under or pursuant to grantee's franchise. Gross revenues shall not include revenues from long distance operations other than revenues from local access connections. Payment of money under this section shall not in any way limit or inhibit any of the privileges or rights of the metropolitan government, whether under the franchise ordinance codified in this chapter or otherwise. Any transactions which have the effect of circumventing payment of required franchise fees and/or evasion of payment of franchise fees by noncollection or nonreporting of gross revenues, bartering, or any other means which evade the actual collection of revenues for business pursued by grantee are prohibited. (Amdt. 1(16), (17), (18), (19), (20), (21) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 24, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.250 Accounts, records and reports.

6.26.250 - Accounts, records and reports. A. Grantee shall keep the metropolitan government fully informed as to all matters in connection with or affecting the construction, reconstruction, removal, maintenance, operation and repair of grantee's system, grantee's accounting methods and procedures in connection therewith, and the recording and reporting by grantee of all revenues and uncollectibles. B. Grantee shall keep complete and accurate books of account and records of its business and operations pursuant to the franchise ordinance codified in this chapter in accordance with generally accepted accounting principles, subject to approval by the metropolitan government. If required by the FCC, grantee shall use the system of accounts and the forms of books, accounts, records, and memoranda prescribed by the FCC in 47 CFR Part 32 or its successor and as may be further described herein. The metropolitan government may require the keeping of additional records or accounts which are reasonably necessary for purposes of identifying, accounting for, and reporting gross revenues and uncollectibles for purposes of Section 6.26.240 of this chapter. Grantee shall keep its books of account and records in such a way that breakdowns of revenues are available by type of service within the metropolitan government. Grantee shall file annually with the director of finance and the metropolitan clerk, on a form approved by the metropolitan government, no later than ninety days after the end of the grantee's fiscal year, an audited statement of revenues (for that year) attributable to the operations of the grantee's system within Metropolitan Nashville and Davidson County pursuant to the franchise ordinance codified in this chapter. This statement shall present a detailed breakdown of gross revenues and uncollectible accounts for the year. This statement shall be audited by an independent certified public accountant whose report shall accompany the statement. The metropolitan government may, if it sees fit, have the books and records of grantee examined by a representative of said metropolitan government to ascertain the correctness of the reports agreed to be filed herein. C. Grantee shall report to the metropolitan government such other information relating to grantee as the metropolitan government may consider useful and shall comply with the metropolitan government's determination of forms for reports, the time for reports, the frequency with which any reports are to be made, and if reports are to be made under oath. D. Grantee shall provide the metropolitan government with access at reasonable times and for reasonable purposes, to examine, audit and review the papers, books, accounts, documents, maps, plans and other records of grantee pertaining to the franchise ordinance codified in this chapter. Grantee shall fully cooperate in making available its records and otherwise assisting in these activities. E. The metropolitan government may, at any time, make inquiries pertaining to grantee's operation of its system within Metropolitan Nashville and Davidson County. Grantee shall respond to such inquiries on a timely basis. F. Grantee shall provide the metropolitan government with notices of all petitions, applications, communications and reports submitted by grantee to the FCC, Securities and Exchange Commission and the Tennessee Public Service Commission or their successor agencies, relating to any matters affecting the use of public streets, alleys and public rights-of-way and/or the telecommunications operations authorized pursuant to the franchise ordinance codified in this chapter. Upon written request from the metropolitan government, grantee shall provide the metropolitan government with copies of all such documentation. (Amdt. 1(22), (23) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 25, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.260 Term of franchise.

6.26.260 - Term of franchise. A. Term. Upon execution of a franchise agreement between the metropolitan government and grantee, a franchise shall be in full force and effect for a term and period of fifteen years, ending on the anniversary date of the franchise. B. Renegotiation At Five Years. The metropolitan government and grantee shall have the right to renegotiate in good faith, at the fifth and tenth anniversary dates of the franchise, the amount, nature and terms of compensation to be paid by grantee for use of the public rights-of-way during the term of this franchise. Any adjustment to compensation shall become effective on the next succeeding anniversary date. In order to renegotiate compensation, the metropolitan government, acting through its director of finance, shall give written notice to grantee at least sixty days prior to the fifth and tenth year anniversary dates. Said notice shall contain the franchise's proposed schedule of compensation. The terms of any such compensation shall be reflected in an amendment to this franchise and shall be nondiscriminatory and reasonable. No such amendment may take effect without the approval, by ordinance, of the metropolitan council. C. Dispute Resolution. If grantee shall in good faith maintain that the amount, terms or nature of any adjustment to compensation proposed by the metropolitan government pursuant to Section 6.26.260(B) is excessive or unreasonable, given the value of the privileges granted under this chapter and grantee's franchise, grantee shall enter into good faith negotiations with the metropolitan government as expeditiously as possible to reach an agreement as to the adjustment to compensation prior to the five-year anniversary date. In the event that an agreement as to adjustment to compensation is not reached prior to such anniversary date, grantee shall have the right to make a demand for arbitration in writing to the director of information systems within thirty days after such anniversary date. In such event, the metropolitan government and grantee shall each appoint an arbitrator and a third arbitrator shall be appointed by the arbitrators so appointed. Each arbitrator shall have at least five years of experience in the field of rights-of-way procurement. Pursuant to the then current rules of the American Arbitration Association, or any successor organization, an arbitration shall be held as expeditiously as possible. (Amdt. 1(24) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 26, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.270 Extension of term.

6.26.270 - Extension of term. If, on the expiration date, grantee shall not be in default under the franchise, and if neither party has notified the other of its intent to terminate the franchise on or before the expiration date, then the terms of this franchise shall be deemed extended on an interim basis until terminated, renewed or renegotiated. Said interim extension period shall not extend beyond a date sixty days after the expiration date, after which date the franchise shall be considered terminated and all rights of the grantee to use the public rights-of-way to provide telecommunications services shall cease. (Ord. 94-1103 § 27, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.280 Renewal.

6.26.280 - Renewal. At any time during the last year of the franchise, grantee may request the metropolitan government to enter into negotiations toward renewing or extending this franchise. The exercise by grantee of this option shall not bind the metropolitan government as to acceptance of any particular terms or renewal of the rights granted by the franchise. Any proposed renewal, extension or modification of the franchise is subject to the council's approval, modifications or rejection in its sole discretion. Upon expiration of the fifteenth year of the franchise, the metropolitan government shall have the right, at its election, to: A. Renew or extend the franchise for an additional period, as agreed by the metropolitan government and grantee; B. Invite additional franchise applications or proposals; or C. Terminate the franchise without further action. The grantee shall provide notice to any party to any contract entered into by it that the metropolitan government shall have the right to exercise these options. (Amdt. 1(25) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 28, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.290 Assignment or lease of franchise.

6.26.290 - Assignment or lease of franchise. Neither the franchise, the assets held by grantee under the franchise ordinance codified in this chapter, nor any rights or privileges of grantee under the franchise ordinance codified in this chapter, grantee's system capacity, or allowance of access to grantee's system, either separately or collectively, shall be sold, resold, assigned, transferred or conveyed by grantee to any other person, firm, corporation, affiliate or entity, without the written consent of the metropolitan government by ordinance of the council, which permission shall not be unreasonably withheld. In the event that the purchaser is the holder of a like franchise, the franchise purchased shall be canceled and merged into the franchise held by the purchaser upon such terms and conditions as may be set out by the council when permission for assignment is granted. Should the grantee sell, assign, transfer, convey or otherwise dispose of any of its rights or its interests under the franchise ordinance codified in this chapter, or attempt to do so, in violation of this requirement to obtain prior consent, the metropolitan government may revoke this franchise for default, in which event all rights and interest of the grantee shall cease and no purported sale, assignment, transfer or conveyance shall be effective. (Amdt. 1(26) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 29, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.300 Violations.

6.26.300 - Violations. If the metropolitan government has reason to believe that grantee is in violation of this chapter, the metropolitan government shall notify grantee in writing of the violation, setting forth the nature of such violation. Within ten days of receipt of such notice, grantee shall respond in writing to provide explanation or documentation to support that the violation did not occur. Grantee shall be allowed thirty days to cure violations after written notice is received from the metropolitan government. Upon evidence being received by the metropolitan government that any violation of the franchise ordinance codified in this chapter, any Metropolitan Charter provisions or any ordinances lawfully regulating grantee in the construction and operation of this system is occurring, or has occurred, the metropolitan government shall cause an investigation to be made. If the metropolitan government finds that such a violation exists or has occurred, the grantee shall take appropriate steps to comply with the terms of the franchise ordinance codified in this chapter and any lawful regulation. Should grantee fail to comply, after the above-stated notice and opportunity to cure, then the metropolitan government may take any action authorized by law, including revocation or repeal of the franchise or a suit in court to compel compliance. If, in any such proceeding, default is finally established, grantee shall be required to pay to the metropolitan government the reasonable expenses incurred in the prosecution of such suit and all the metropolitan government's damages and costs (including attorney's fees). (Ord. 94-1103 § 30, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.310 Revocation and termination.

6.26.310 - Revocation and termination. A. In addition to all other rights and powers retained by the metropolitan government under the franchise ordinance codified in this chapter or otherwise, the metropolitan government reserves the right to revoke and terminate any franchise issued by authority of the ordinance codified in this chapter, and all rights and privileges of grantee hereunder shall cease in the event of material breach, subject to reasonable notice and opportunity to cure, of its terms and conditions. A material breach of grantee shall include, but shall not be limited to, the following: 1. Grantee's violation of any material provision of the franchise ordinance codified in this chapter or any material rule, order or regulation of the metropolitan government made pursuant to the franchise ordinance codified in this chapter; 2. Grantee's failure to properly compensate the metropolitan government as required in the franchise ordinance codified in this chapter; 3. Grantee's attempt to evade any material provision of the franchise ordinance codified in this chapter or to practice any fraud or deceit upon the metropolitan government or upon grantee's end-user customers or interexchange carriers; 4. Grantee's failure to comply with Section 6.26.060 of this chapter; 5. For failure to file and maintain the bond, security or insurance required under this chapter; 6. Grantee's failure to comply with Section 6.26.290 of this chapter; 7. Grantee's failure to respond to or comply with reports, audits, statements and other information lawfully requested by the metropolitan government; 8. Grantee's failure to operate its system for six months after it has been constructed; or 9. Grantee's material misrepresentation of fact in its application or negotiations during the franchise process; or the conviction of any director, officer, employee or agent of grantee for the offense of bribery or fraud connected with or resulting from the award of the franchise to grantee. B. The foregoing shall not constitute a material breach if the violation occurs without the fault of grantee or occurs as a result of circumstances beyond its control. Grantee shall not be excused by mere economic hardship, nor misfeasance or malfeasance of its directors, officers or employees. Revocation or termination shall only take place for material cause. C. If any provision of this chapter shall be preempted by state or federal regulations, or finally adjudged by a court of law invalid or unenforceable and the council further finds that such provision constitutes at that time a consideration material to the continuance of the franchise herein granted, the metropolitan government reserves the right to revoke and terminate any franchise issued under authority of this chapter. (Amdt. 1(27), (28), (29), (30), (31) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 31, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.320 Service standards.

6.26.320 - Service standards. Grantee shall maintain and operate its communications system and business in an efficient manner and shall provide adequate, efficient and reasonable service to its customers in Metropolitan Nashville and Davidson County. Once it commences operation, grantee's system shall provide continuous and uninterrupted service throughout the term of the franchise. Grantee shall comply with all applicable federal, state and local laws, rules and regulations, including the Tennessee Public Service Commission. (Amdt. 1(32) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 32, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.330 Preferential or discriminatory practices prohibited.

6.26.330 - Preferential or discriminatory practices prohibited. Pursuant and subject to applicable federal, state and local laws, grantee shall not make or grant any unreasonable preference or advantage to any person, nor subject any person to any unreasonable prejudice or disadvantage in its exercise of the rights and privileges granted by its franchise; provided, however, that nothing in its franchise shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules, consistent with applicable law, to which any customer coming within such classification would be entitled. (Amdt. 1(33) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 33, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.340 Conflict with other laws.

6.26.340 - Conflict with other laws. Where a provision of this chapter or grantee's franchise is in conflict with any state or federal statute or a rule of the Tennessee Public Service Commission or FCC, so that grantee cannot reasonably comply with both the provisions of this chapter or franchise and the statute or rule of the Tennessee Public Service Commission of FCC, then grantee may comply with such rule instead of the conflicting provision of this chapter or the franchise until such time as the metropolitan government obtains a contrary ruling or other relief from an appropriate regulatory agency or court of competent jurisdiction; provided, that the metropolitan government is given written notice of and a statement of the legal grounds for such noncompliance. Grantee shall comply with all remaining provisions of this chapter or franchise. Notice of noncompliance given pursuant to this shall not relieve grantee—upon determination that the noncompliance was unlawful or otherwise improper—from the obligation to pay more damages, redo work at grantee's expense, or otherwise take such steps as may be necessary to restore the metropolitan government to the position it would have been in if grantee had remained in compliance with this chapter and its franchise. (Amdt. 1(34) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 34, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.350 Compliance with applicable laws and ordinances.

6.26.350 - Compliance with applicable laws and ordinances. Grantee shall, at all times during the term of its franchise, be subject to the provisions of the present Charter of the Metropolitan Government, the present ordinances, resolutions, rules, regulations and laws of the metropolitan government and the State of Tennessee, and to the provisions of any further charter, ordinance, resolution, rule, regulation or law of the metropolitan government or of the State of Tennessee, so far as they may be applicable, including but not limited to the provisions of the Zoning Code codified in Title 17 hereof, especially Chapter 17.16 and Section 17.16.080 thereof. (Ord. BL2016-415 § 8, 2016; Ord. 94-1103 § 35, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.360 Tennessee law governs.

6.26.360 - Tennessee law governs. In any controversy or dispute under this chapter, the law of the State of Tennessee shall apply to the extent such law has not been superseded or preempted. (Ord. 94-1103 § 36, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.370 Metropolitan government taking part in litigation.

6.26.370 - Metropolitan government taking part in litigation. The metropolitan government shall have the right to take part in, by intervention or otherwise at its option, in any suit, action, or proceeding instituted by or against grantee in which any judgment, decree, or order can be rendered affecting the rights, powers or duties of grantee to do or not to do anything which, by its franchise or this chapter, it is obligated or may be required to do or not to do or affecting, such as by foreclosure or lien, grantee's title to any facility. Grantee shall not object to the metropolitan government's exercise of such right. (Ord. 94-1103 § 37, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.380 Office location.

6.26.380 - Office location. The grantee shall maintain an office in Metropolitan Nashville and Davidson County. Grantee shall always keep and maintain city specific books, records, contracts, accounts, documents, and papers for its operation within Metropolitan Nashville and Davidson County. All maps, plats, records and inventories and books of the grantee, insofar as they show values and location of existing property shall be preserved for use, if necessary, in connection with any future valuation of the property of the grantee. (Ord. 94-1103 § 38, 1994)

Metropolitan Code of Nashville and Davidson County § 6.26.390 Severability.

6.26.390 - Severability. In any section, subsection, sentence, clause, phrase, term, provision, condition, covenant or portion of the franchise ordinance codified in this chapter is for any reason held invalid or unenforceable by any court of competent jurisdiction, the remainder of the franchise ordinance codified in this chapter shall not be affected thereby, but shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof, and each remaining section, subsection, sentence, clause, phrase, term, provision, condition, covenant and portion of the franchise ordinance codified in this chapter shall be valid and enforceable to the fullest extent permitted by law. (Ord. 94-1103 § 39, 1994)

Source: Metropolitan Government of Nashville and Davidson County, Metropolitan Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tn/metro_government_of_nashville_and_davidson_county/codes/code_of_ordinances?nodeId=CD_TIT6BULIRE_DIVIGERE_CH6.26FRFIOPCOSEFetched: 10/28/2026